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(영문) 광주지방법원 목포지원 2017.01.10 2016고단1337
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who drives B cargo vehicles in violation of the Road Traffic Act;

On November 4, 2015, around 22:25, the Defendant driven the above cargo vehicle while under the influence of alcohol content of 0.157% ( blood collection measurements) in the blood alcohol concentration of 0.157% on the road in front of the nives of the nives of the nives of the nives of the nives of the nives of the nives of the nives of the nives of the nives of the nives of the road

2. On November 5, 2015, the Defendant: (a) attempted to conceal the facts of drinking alcohol as stated in the foregoing paragraph (1) on the ground that a fine is imposed upon the Defendant; (b) had C drive the said vehicle at the front place of the Defendant at the same time and in the investigation agency at the above time; and (c) had C make a false statement to the effect that he/she was driving the vehicle at the back seat of the Defendant, and that he/she did not have driven the vehicle at the back seat; and (d) around December 10:23, 2015, the Defendant had C make a false statement to the Inspector at the E Team office of the Military Station E Team office of the Military Police Station in the Mananan-gun, Chungcheongnam-gun, Chungcheongnam-gun, Seoul, to the effect as above.

As a result, the defendant instigated the above C to escape a person who committed a crime corresponding to a fine or heavier punishment.

3. On September 13:16, 2016, the Defendant driving B cargo vehicles at a section of about 11.6 km from the parking lot of the Gwangju District Public Prosecutor’s Office, which is located in 9 as the definition of Mapo-si in front of the Southern-Gun G on the road in front of the Southern-Gun G, Chungcheongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and C;

1. Application of each investigation report (Evidence Nos. 6, 31, 42 through 45), the driver’s circumstantial records, the actual situation investigation report, and the Acts and subordinate statutes requesting appraisal;

1. Relevant Article 148-2(2)2, Article 44(1) of the Road Traffic Act (the point of drinking alcohol), Article 151(1), and Article 31(1) of the Criminal Act (the point of driving alcohol), Article 152 subparag. 1, and Article 43 of the Road Traffic Act (the point of driving alcohol) as to the crime, and Article 148-2(2)2, Article 44(1) of the same Act, and Article 31(1) of the same Act, and Article 152 subparag. 1, and Article 43 of the Road Traffic Act

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